What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is a significant immigration status in the UK that grants migrants the right to live and work in the country indefinitely without the need for further immigration permission. Often referred to as “settlement,” ILR is an essential milestone for many individuals seeking to establish their lives in the UK and is a prerequisite for applying for British citizenship.
With ILR, you gain access to various benefits, including:
- Unrestricted Employment: You can work in any job without restrictions, which offers greater stability and opportunities in the job market.
- Public Services: ILR holders can access public funds and services, including the National Health Service (NHS) at no cost.
- Travel Flexibility: You can travel in and out of the UK freely. However, it’s important to be mindful of the length of time spent outside the UK, as extended absences may risk your ILR status.
- Pathway to Citizenship: After holding ILR for 12 months, you can apply for British citizenship, allowing you to become a full member of UK society.
ILR Requirements
To qualify for ILR, you must meet several criteria, including:
- Continuous Residence: You must have lived in the UK continuously for a specified period—usually five years. Some visa categories, like the Innovator or Global Talent visas, may allow for a shorter period of three years.
- Good Character: You should not have serious criminal convictions, as having a criminal record may affect your eligibility.
- Life in the UK Test: You are required to pass this test, which assesses your knowledge of British history, culture, and government.
- English Language Proficiency: You must demonstrate your ability to communicate in English at a minimum level of B1, which can be proven through an approved qualification or by being a national of an English-speaking country.
- Absence Limit: You must not have spent more than 180 days outside the UK in any 12-month period during your qualifying time, emphasizing the importance of maintaining residency.
When Can You Apply for ILR?
Five-Year Route
For most visa holders, the standard route to ILR requires five years of continuous residence in the UK on a qualifying visa. Common visas that allow for this route include:
During these five years, you need to meet all the eligibility requirements outlined above.
Ten-Year Route to ILR
If you have lived in the UK lawfully for a total of ten continuous years, you can apply for ILR through the long-residence route. This route is flexible, allowing applicants to qualify regardless of the type of visa they held during that time. It is especially beneficial for those who may have switched visa types throughout their stay.
Accelerated Route to ILR
Some visa categories provide accelerated pathways to ILR:
- Innovator Visa: Eligible after three years if the business meets specific growth criteria.
- Investor Visa: Can apply after two years with a significant investment or after three years with a lower investment.
- Global Talent Visa: Holders can apply for ILR after three years if endorsed by a recognized body.
This accelerated route is ideal for entrepreneurs and highly skilled migrants who have made a significant contribution to the UK economy.
Exemptions for ILR Application
In certain situations, the usual ILR requirements may be waived. For instance:
- Spouse Visa Holders: If your spouse passes away or you become a victim of domestic violence, you may apply for ILR before completing the usual five-year residency period.
- Language Exemptions: Individuals over 65 or those with specific long-term health conditions may be exempt from the English language requirement.
- Certain Nationalities: Nationals from specific English-speaking countries may also be exempt from proving English proficiency.
How to Apply for Indefinite Leave to Remain?
To apply for ILR, follow these detailed steps:
- Complete the Online Application: Navigate to the official UK government website and fill out the appropriate ILR application form.
- Pay the Required Fees: You must pay the ILR application fee, which varies depending on your visa type, along with the biometric residence permit fee.
- Book a Biometric Appointment: After submitting your application, book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) center to provide your biometric information (fingerprints and photo).
- Gather Required Documents: Prepare a comprehensive set of documents that demonstrate your eligibility. These Include:
- Passports or travel documents
- Birth certificates for any dependants included in your application
- Evidence of income, such as pay slips and bank statements
- Your Life in the UK test certificate and English language qualification
- A police registration certificate if applicable
- Await a Decision: The processing time for ILR applications can take up to six months. However, you can opt for expedited services for an additional fee: the ‘super-priority service’ offers a decision within 1-2 working days, while the ‘priority service’ provides a decision within five working days.
Documents Required for ILR Application
When applying for ILR, ensure you have the following documents ready:
- Passports or travel documents that you have possessed during your stay in the UK
- Birth or adoption certificates for any dependants
- A police registration certificate (if required)
- Evidence of income (bank statements, pay slips)
- Certificates for the Life in the UK test and English language qualification
- Records of any absences from the UK
- Two identical passport-sized photographs for each applicant
Timeline for ILR Application Decisions
While most ILR decisions are made within six months, the availability of priority services allows for quicker processing. This flexibility is beneficial for those who need to make plans based on their residency status.
ILR 180 Day Rule
The ILR 180-day rule requires that you must not have spent more than 180 days outside of the UK in any 12-month period during your qualifying time. This rule ensures that applicants demonstrate a genuine commitment to residing in the UK, reinforcing the intention of settling in the country.
ILR for Dependents
Dependants, such as spouses, civil partners, and children under 18, can also apply for ILR as part of the main applicant’s application. Each dependent must meet similar eligibility criteria and can often apply alongside the primary applicant, ensuring that families can settle together.
British Citizenship After Indefinite Leave to Remain
Once you have held ILR status for 12 months, you may apply for British citizenship. This application involves demonstrating your continued residence in the UK and meeting the following requirements:
- Be over 18 years old
- Prove that you were in the UK exactly five years before the Home Office receives your application
- Show proficiency in English, Welsh, or Scottish Gaelic
- Pass the Life in the UK test
- Intend to continue living in the UK
- Be of good character
Becoming a British Citizen allows you to enjoy additional rights, such as applying for a British passport and participating in elections.
ILR Application Refused
If your ILR application is refused, it’s important to remember that there are pathways to challenge this decision. You can appeal if you believe the refusal was made in error or based on inadequate grounds.
Common Reasons for Refusal of ILR Application
ILR applications may be denied for several reasons, including:
- Criminal Activity: Serious convictions can disqualify applicants.
- Inaccurate Information: Providing false information or omitting crucial details can lead to refusal.
- Failure to Meet Residency Requirements: Not adhering to the continuous residence or absence limits is a common cause of denial.
- Previous Immigration Violations: Past breaches of immigration law may jeopardize your application.
If refused, you may have options such as pursuing a judicial review or an administrative review. Alternatively, submitting a fresh application may be advisable.
Frequently Asked Questions
How much does ILR cost?
The cost of the ILR application can vary based on the visa type. It’s essential to check the latest fees on the official UK government website to ensure you have accurate information.
What is the earliest time you can apply for ILR?
Generally, you can apply for ILR after completing five years on a qualifying visa. Certain categories, such as the Innovator or Global Talent visas, allow applications after just two or three years.
Can ILR be revoked?
Yes, ILR can be revoked under specific circumstances, including serious criminal offenses or prolonged absences from the UK. It is crucial to maintain compliance with residency requirements to protect your status.
If you have further questions or need personalized assistance with your ILR application, get in touch with 1 Absolute Advisor today! Our team of expert Immigration Lawyers is here to guide you through the process and help you achieve your immigration goals.